Back / lumbar spine decisions — 2016

The Veteran's lumbar spine disability was rated at 40 percent from April 27, 2007 to September 17, 2008. The rating was granted as the condition met the criteria for a 40 percent evaluation based on limitation of motion and incapacitating episodes.

The Board has determined that the Veteran's neck disorder to include both orthopedic and neurological disorders is not related to a period of service, and he was not diagnosed with such within one year of separation from service. The Veteran's back disorder manifested in guarding or muscle spasm severe enough to cause an altered gait prior to February 11, 2015 and additional functional loss severe enough to cause difficulty in prolonged standing, bending, or driving which impacted the Veteran's ability to work and prevented repetitive range of motion testing from February 11, 2015. The Veteran is therefore entitled to a disability rating of 20 percent for his back disorder throughout the period on appeal.

The Board finds that the Veteran's cause of death, listed as acute respiratory failure due to COPD, was not caused or substantially contributed to by any service-connected condition. The appellant's claim for a heart disability in service is unsubstantiated and speculative.

The Board has remanded the Veteran's claims for service connection for a back disability and bilateral knee disability, as well as his claim for TDIU due to inadequate VA examinations. The case is returned to the AOJ for further action.

The Board has remanded the case to obtain medical records from the Veteran's workplace and her family doctor, as well as Dr. Wyler, in order to determine if there is a connection between the Veteran's current back conditions and her service.

The Veteran's service-connected disabilities did not meet the criteria for a TDIU on a schedular basis prior to March 11, 2011. The Board found that his combined disability rating was only 30 percent and thus did not meet the required percentage threshold.

The Veteran's claims for higher ratings of his service-connected lumbar spine disability and associated radiculopathy disabilities from February 13, 2014 were denied. The criteria for a rating in excess of 20 percent for each disability under the applicable schedular criteria are not met.

The Board has determined that service connection for anxiety disorder, not otherwise specified is granted.,Service connection for a cervical spine disability and neurologic disorder (including headaches and seizure disorder) are denied.

The Veteran's appeal is remanded due to issues related to an overpayment of VA service-connected compensation benefits. The case will be returned for further clarification and accounting.

The Veteran is granted TDIU solely due to service-connected PTSD as of March 30, 2007, except for the period from June 1, 2012 to November 30, 2012. The Veteran's lumbar spine disability is not rated higher than the current schedular criteria allows.

The Veteran's appeal is being remanded for additional examinations and development of the record to determine the current severity of his service-connected cervical spine degenerative disc disease and bilateral shin splints.

The Board has determined that additional development is needed to obtain private treatment records and to provide a medical opinion regarding the etiology of the Veteran's claimed disabilities. The appeal will be remanded for these purposes.

The Veteran's chronic lower back disability is found to have been incurred in service, and the Board grants service connection for this condition.

The Board has determined that the Veteran's currently diagnosed degenerative disc disease, spinal stenosis, and compression fracture at T-12 began in service and have persisted since then. The claim for service connection is granted.

The Board denied an increased rating for the Veteran's service-connected lumbar strain, finding that the evidence did not show any functional impairment warranting a higher disability rating.

The Board finds that the Veteran's current low back disability had its onset during his active military service, and grants service connection for lumbosacral strain and arthritis.

The Veteran's appeal is being remanded due to the need for new VA examinations to evaluate his current service-connected disabilities.

The Board has granted service connection for degenerative arthritis of the right shoulder and finds that the Veteran's current back disability is less likely than not related to his military service. The Veteran's claims for increased ratings for left ankle arthritis and plantar fasciitis of the left foot are remanded due to inadequate examination reports.

The Veteran's service-connected disabilities do not meet the criteria for specially adapted housing and special home adaptation grant or financial assistance for the purchase of an automobile and adaptive equipment.

The Board granted the Veteran's claims for service connection for cervical and thoracic spine disabilities, finding that they were secondary to his service-connected lumbar spine disability. The Veteran was also granted a higher rating for his spondylolisthesis with lumbosacral strain.